EDWARDS v. HIGH DESERT STATE PRISON, 2:10-cv-3461 WBS KJN P. (2012)
Court: District Court, E.D. California
Number: infdco20120206423
Visitors: 11
Filed: Feb. 03, 2012
Latest Update: Feb. 03, 2012
Summary: ORDER KENDALL J. NEWMAN, Magistrate Judge. Plaintiff has requested the appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in 1983 cases. Mallard v. United States Dist. Court , 490 U.S. 296 , 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. 1915(e)(1). Terrell v. Brewer , 935 F.2d 1015 , 1017 (9th Cir. 199
Summary: ORDER KENDALL J. NEWMAN, Magistrate Judge. Plaintiff has requested the appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in 1983 cases. Mallard v. United States Dist. Court , 490 U.S. 296 , 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. 1915(e)(1). Terrell v. Brewer , 935 F.2d 1015 , 1017 (9th Cir. 1991..
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ORDER
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff has requested the appointment of counsel. The United States Supreme Court has ruled that district courts lack authority to require counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, the court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). In the present case, the court does not find the required exceptional circumstances. Therefore, plaintiff's request for the appointment of counsel is denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff's January 20, 2012 motion for the appointment of counsel (Dkt. No. 42) is denied.
Source: Leagle
